Are you looking for a family lawyer in Santa Clara, CA?

At Schank Family Law, we invite you to schedule a consultation with a Santa Clara family lawyer today.

If a divorce, custody dispute, support order, or restraining order request involves your Santa Clara household, the matter falls under California family law and is heard by the county’s Family Division. Our Santa Clara, CA family lawyer handles divorce, custody, support, property division, restraining orders, and guardianship matters before the Santa Clara County Superior Court. The firm was founded in 2003 and has practiced family law in California ever since. Call our office when you are ready to discuss your case.

Family Lawyer Santa Clara, CA

What is family law, and what does a family lawyer handle? Family law covers the legal relationships within a household: marriage and its dissolution, parentage, custody, support, and protection from abuse. A family attorney represents one party in those matters, whether the goal is a negotiated agreement or a ruling after a contested hearing.

Santa Clara County has 659,353 households, according to Census Bureau estimates. Family law cases arising from those households, including every divorce, custody, and support filing in the county, are heard by the Superior Court’s Family Division. A Santa Clara family lawyer works within that court’s local procedures, mediation requirements, and calendars.

Types of Family Law Cases We Handle in Santa Clara

This practice spans the full range of matters that come before the county’s Family Division. Many clients have more than one issue in a single case, and we handle them together.

• Divorce. We represent spouses in contested and uncontested dissolutions, as well as legal separations. Each case requires financial disclosures, a division of the marital estate, and orders on any custody or support issues.
• Child custody. Parenting plans, mediation, and contested custody hearings. We also handle modifications and move-away requests after judgment.
• Child support. California calculates child support with a statewide guideline. We represent both paying and receiving parents in initial orders and modifications.
• Alimony. Temporary and long-term spousal support can both be requested, contested, or modified. We present the income and need evidence the court weighs in setting an amount and duration.
• Property division. Community property is divided equally, but first each asset has to be classified and valued. We trace separate property claims and handle real estate, retirement, and business interests.
• High asset divorce. Estates with substantial investments, equity compensation, or multiple properties need additional valuation and discovery. We coordinate with financial professionals where the case requires it.
• LGBTQ divorce. Married same-sex couples and domestic partners end their relationships under the same California rules that apply to every other couple. We have handled these cases since 2013.
• Domestic violence restraining orders. We represent people seeking protection and people responding to a request. A restraining order can affect custody, housing, and firearm possession, so both sides need preparation for the hearing.
• Guardianship. When a parent cannot care for a minor child, a relative or other adult may petition for guardianship. We handle guardianships of minors but do not take conservatorship cases for adults.
• Grandparents’ rights. California allows grandparents to request visitation in limited circumstances. We explain whether the legal requirements apply before any petition is filed, and the scope of grandparent visitation is narrower than many families expect.

Why Choose Schank Family Law as my Family Lawyer in Santa Clara, CA?

More Than a Dozen Attorneys Dedicated to Family Law

Schank Family Law employs more than a dozen attorneys, and family law is the only area the firm practices. That depth allows us to match a case with an attorney whose background fits it, whether the issue is a contested custody trial, a support dispute involving complex income, or a restraining order hearing on short notice. We represent either party in a case, so our attorneys regularly see both the petitioner’s and the respondent’s side of the issues that come before the Family Division.

Christian Schank, Founding Attorney

Christian Schank founded the firm and continues to lead it. His credentials include:

• California bar admission in 2003
• Law firm management experience dating back to 1998
• A Juris Doctor from the University of La Verne College of Law and an undergraduate education at Brigham Young University
• A Martindale-Hubbell AV rating, received in 2000
• A Lead Counsel Verified designation for family law, held since 2015

Understanding Family Law Cases

Core Family Law Issues and How California Courts Decide Them

California family law rests on a handful of statewide principles. Each one applies to Santa Clara cases in the same way it applies elsewhere in the state.

1. No-fault divorce. A spouse can end a marriage based on irreconcilable differences without proving wrongdoing by the other spouse.
2. Equal division of community property. Assets and debts acquired during marriage are generally divided equally, while separate property stays with the spouse who owns it.
3. The best interest of the child. Custody and visitation orders turn on what serves the child’s safety and overall welfare, along with each parent’s history of involvement.
4. Guideline child support. Support is calculated with a statewide formula based on each parent’s income and parenting time.
5. Spousal support factors. Courts weigh the length of the marriage, each spouse’s earning capacity, the standard of living during marriage, and other statutory considerations.

What Is The Family Law Case Timeline?

A divorce cannot be filed in California unless one spouse has lived in the state for at least six months and in the county for three, and the residency rules are worth confirming before anything is filed. Once the petition is served, California imposes a minimum six-month waiting period before a divorce can become final. Disclosures, temporary orders, and negotiations take place during that window.

Uncontested cases often conclude shortly after the waiting period ends. Contested cases can extend a year or more, depending on how many issues are disputed and how quickly the court can schedule hearings and trial. The overall divorce timeline is shaped by the number of disputed issues more than by any fixed schedule. Custody, support, and restraining order matters outside a divorce follow their own shorter timelines, often beginning with a hearing within weeks of filing. When safety is at issue, temporary emergency orders can be issued within days.

What Should You Bring to Your Family Law Consultation?

The documents you bring depend on the issues involved. For most family law matters, the following are a strong starting point:

• Any court papers already filed or served in your case
• Existing orders for custody, support, or restraining orders
• Recent tax returns, pay stubs, and account statements
• A list of major assets and debts, including real estate and retirement accounts
• Notes on the dates and events most relevant to your situation

The consultation covers the legal issues in your case and the options available under California law. At the end of the meeting, you will understand how we would approach the matter and what the next steps involve.

What Are Important Aspects of a Family Law Case?

Several factors affect nearly every family law case in Santa Clara County, regardless of the specific issue.

• Choosing the right process. Some cases resolve through negotiation or mediation, while others need litigation. Comparing mediation and representation is often one of the first decisions a client makes.
• Temporary orders. Custody, support, and use of the family home can be decided on an interim basis while the case proceeds.
• Financial disclosure. Both parties must exchange complete financial information before a divorce or legal separation can be finalized.
• Local procedure. Santa Clara County sends parents who disagree about custody to mediation with Family Court Services before a contested hearing, and the court follows its own local rules for filing and scheduling.
• Divorce or separation. Some spouses prefer a legal separation for religious, insurance, or personal reasons, and the process differs in important ways.

Santa Clara Family Court and Local Resources

Santa Clara residents file family law cases with the county Superior Court, whose family departments sit in the Family Justice Center at 201 North First Street, San Jose. Divorce, custody, support, restraining order, and guardianship hearings for the county all take place in that building, and the Family Division sets the local procedures that apply to each type of case.

Both the county and the state publish free information for people handling a family law matter. The County Family Division page describes the court’s family departments, procedures, and case lookup options. The county’s family self-help topics collect local guidance and form packets for divorce, parentage, custody, and support. At the state level, the California Courts families and children guide summarizes custody, guardianship, and related case types, and the divorce process overview walks through each stage of a dissolution from filing to judgment. These are public resources and are not connected to Schank Family Law.

Reach Out to Schank Family Law to Schedule a Consultation

Contact us to request a free case evaluation. Our intake specialist will gather the basic facts of your matter and recommend whether an attorney should review it next. We reply to inquiries promptly, and the evaluation comes with no obligation to retain the firm.